Education and Care Services National Law (WA) Act 2012
In ForceWA
Jurisdiction
Western Australia
Collection
act
Plain English Summary
9/10 complexity
**What this law does (mechanically)
Adopts the national Education and Care Services National Law for Western Australia and makes it part of WA law (see Sch., and Act s.4). In practice the Schedule reproduces the national law with WA‑specific adjustments.
Names who runs the scheme in WA: the Regulatory Authority is the chief executive of the department that administers the Child Care Services Act 2007 (Act s.8). The national body (the Australian Children’s Education and Care Quality Authority, sometimes referred to as the National Authority or ACECQA) and a Ministerial Council remain part of the governance architecture (Sch. Pt.11 & Pt.10).
Creates the authorisation regime for providers and services:
Provider approvals (who may run services) and service approvals (which places or family day care networks may operate) — how to apply, the fit‑and‑proper tests, conditions, duration, amendment, transfer, suspension and cancellation (Sch. Pt.2 & Pt.3; see e.g. Sch. ss.10–19, 43–52, 58–69, 70–86).
Special rules for family day care (venues, co‑ordinators, residences) and associated children’s services (Sch. Pt.3 Divs 1–8).
Sets up assessment, rating and publication of service quality under the National Quality Framework, including processes for review and a Ratings Review Panel and ability to apply for the highest national rating (Sch. Pt.5; see ss.133–160, 144–151, 152–159).
Imposes operating duties and offences on providers, nominated supervisors, staff and family day care educators (staffing, supervision, programs, child protection training, notification duties, display of approvals/ratings) with specified penalties (Sch. Pt.6; see e.g. ss.161–175).
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Current sections
Direct links to the current provisions in Education and Care Services National Law (WA) Act 2012.
32
Part 2
Application of Education and Care Services National Law
Part 2 — Application of Education and Care Services National Law
Application of the Education and Care Services National Law 3
Exclusion of legislation of this jurisdiction 3
Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction 4
Relevant tribunal or court 4
Regulatory Authority 5
Children’s services law 5
Education law 5
Former education and care services law 5
Infringements law 6
Public sector law 6
Working with children law 6
Transitional 6
Part 3
Other local provisions
Part 3 — Other local provisions
Tabling of annual report 9
National regulations under the WA national law 9
Review of Act 9
Schedule — Education and Care Services National Law
Short title 11
Commencement 11
Objectives and guiding principles 11
How functions to be exercised 12
Definitions 12
Interpretation generally 21
Single national entity 21
Extraterritorial operation of Law 22
Law binds the State 22
Part 2 — Provider approval
Div 1
Application for provider approval
Division 1 — Application for provider approval
Application for provider approval 23
Form of application 23
Applicant must be fit and proper person 24
Matters to be taken into account in assessing whether fit and proper person 24
Regulatory Authority may seek further information 26
Grant or refusal of provider approval 26
Notice of decision on application 27
Duration of provider approval 27
Effect of provider approval 27
Conditions on provider approval 28
Copy of provider approval 28
Div 2
Reassessment
Division 2 — Reassessment
Reassessment of fitness and propriety 28
Div 3
Amendment of provider approvals
Division 3 — Amendment of provider approvals
Amendment of provider approval on application 29
Amendment of provider approval by Regulatory Authority 30
Copy of amended provider approval to be provided 30
Div 4
Suspension or cancellation of provider approval
Division 4 — Suspension or cancellation of provider approval
Grounds for suspension of provider approval 30
Show cause notice before suspension 31
Decision to suspend after show cause process 32
Suspension without show cause notice 32
Notice and taking effect of suspension 33
Effect of suspension 33
Grounds for cancellation of provider approval 33
Show cause notice before cancellation 34
Decision in relation to cancellation 35
Effect of cancellation 35
Approved provider to provide information to Regulatory Authority 36
Notice to parents of suspension or cancellation 36
Voluntary suspension of provider approval 37
Surrender of provider approval by approved provider 38
Div 5
Approval of executor, representative or guardian as approved provider
Division 5 — Approval of executor, representative or guardian as approved provider
Death of approved provider 39
Incapacity of approved provider 40
Decision on application 40
Div 6
Exercise of powers by another Regulatory Authority
Division 6 — Exercise of powers by another Regulatory Authority
Exercise of powers by another Regulatory Authority 41
Part 3 — Service approval
Division 1 — Application for service approval
Application for service approval 42
Form of application 42
Regulatory Authority may seek further information 43
Investigation of application for service approval 43
Determination of application 44
Grant or refusal of service approval 45
Grounds for refusal 46
Notice of decision on application 46
50A. Approval of a place as a family day care venue 46
Conditions on service approval 46
Copy of service approval to be provided 48
Annual fee 49
Division 2 — Amendment of service approval
Amendment of service approval on application 49
Amendment of service approval by Regulatory Authority 50
55A. Condition relating to family day care co‑ordinators 51
Notice of change to nominated supervisor 51
56A. Notice of change of a nominated supervisor’s name or contact details 52
Copy of amended service approval to be provided 52
Division 3 — Transfer of service approval
Service approval may be transferred 52
Regulatory Authority to be notified of transfer 53
Consent of Regulatory Authority required for transfer 53
Consent taken to be given unless Regulatory Authority intervenes 53
Transfer may be subject to intervention by Regulatory Authority 54
Effect of intervention 55
Regulatory Authority may request further information 55
Decision after intervention 55
Regulatory Authority to notify outcome 7 days before transfer 55
Transfer of service approval without consent is void 56
Confirmation of transfer 56
Notice to parents 57
Division 4 — Suspension or cancellation of service approval
Grounds for suspension of service approval 57
Show cause notice before suspension 58
Decision in relation to suspension 59
Suspension of service approval without show cause 59
Notice and effect of decision 59
Suspension of service approval to the extent that it relates to associated children’s service 60
Transfer of suspended service 60
Grounds for cancellation of service approval 61
Show cause notice before cancellation 61
Decision in relation to cancellation 61
Cancellation of service approval to the extent that it relates to associated children’s service 62
Application for transfer of cancelled service 63
Decision on application to transfer cancelled service 63
Approved provider to provide information to Regulatory Authority 63
Notice to parents of suspension or cancellation 64
Voluntary suspension of service approval 64
Surrender of service approval 65
Division 5 — Application for service waiver
Application for service waiver for service 65
Form of application 66
Powers of Regulatory Authority in considering application 66
Matters to be considered 66
Decision on application 67
Revocation of service waiver 67
Effect of service waiver 68
Division 6 — Temporary waiver
Application for temporary waiver 68
Form of application 68
Regulatory Authority may seek further information 68
Special circumstances 69
Decision on application 69
Revocation of temporary waiver 70
Effect of temporary waiver 70
Div 7
Exercise of powers by another Regulatory Authority
Division 7 — Exercise of powers by another Regulatory Authority
Exercise of powers by another Regulatory Authority — family day care services 70
Div 8
Associated children’s services
Division 8 — Associated children’s services
Application of this Law to associated children’s services 71
Div 9
Offences
Division 9 — Offences
Offence to provide an education and care service without service approval 71
103A. Offence relating to places where education and care is provided as part of a family day care service 71
Offence to advertise education and care service without service approval 72
Part 5
Assessments and ratings
Part 5 — Assessments and ratings
Division 1 — Assessment and rating
Assessment for rating purposes 72
Rating levels 72
Rating of approved education and care service 73
Notice to approved education and care service of rating 73
Suspension of rating assessment 74
Division 2 — Reassessment and re‑rating
Regulatory Authority may reassess and re‑rate approved education and care service 74
Application for reassessment and re‑rating by approved provider 74
Application of Division 1 75
Division 3 — Review by Regulatory Authority
Review by Regulatory Authority 75
Process for review 76
Outcome of review by Regulatory Authority 76
Division 4 — Review by Ratings Review Panel
Subdiv 1
Application for review
Subdivision 1 — Application for review
Application for further review by Ratings Review Panel 77
Form and time of application 77
Subdiv 2
Establishment of Ratings Review Panel
Subdivision 2 — Establishment of Ratings Review Panel
Establishment of Ratings Review Panel 78
Review Panel pool 78
Procedure of Panel 79
Transaction of business by alternative means 79
Subdiv 3
Conduct of review
Subdivision 3 — Conduct of review
Conduct of review 80
Decision on review by Ratings Review Panel 81
Division 5 — Awarding of highest rating
Application for highest rating 81
Assessment of education and care service 82
Board may seek information and documents 83
Decision on application 83
Notice of decision 84
Reassessment of highest rating level 84
Revocation of highest rating level 84
Re‑application for highest rating level 84
Division 6 — Publication of rating levels
Publication of ratings 85
Part 6
Operating an education and care service
Part 6 — Operating an education and care service
Offence to operate education and care service without nominated supervisor 85
161A. Offence for nominated supervisor not to meet prescribed minimum requirements 86
Offence to operate education and care service unless responsible person is present 86
162A. Persons in day‑to‑day charge and nominated supervisors to have child protection training 86
Offence relating to appointment or engagement of family day care co‑ordinators 87
Offence relating to assistance to family day care educators 87
164A. Offence relating to the education and care of children by family day care service 88
Offence to inadequately supervise children 88
165A. Offence relating to children leaving the education and care service premises unauthorised 89
Offence to use inappropriate discipline 90
Offence relating to protection of children from harm and hazards 91
Offence relating to required programs 91
Offence relating to staffing arrangements 92
Offence relating to unauthorised persons on education and care service premises 93
Offence relating to direction to exclude inappropriate persons from education and care service premises 95
Offence to fail to display prescribed information 96
Offence to fail to notify certain circumstances to Regulatory Authority 96
Offence to fail to notify certain information to Regulatory Authority 98
174A. Family day care educator to notify certain information to approved provider 99
Offence relating to requirement to keep enrolment and other documents 100
Part 7
Compliance with this Law
Part 7 — Compliance with this Law
Division 1 — Notices
Compliance directions 100
Compliance notices 101
Notice to suspend education and care by a family day care educator 101
Emergency action notices 103
Division 2 — Enforceable undertakings
179A. Enforceable undertakings 103
179B. Certain actions prohibited while undertaking is in force 104
Certain actions prohibited if undertaking is complied with 105
Failure to comply with enforceable undertakings 105
Division 3 — Prohibition notices
Grounds for giving prohibition notice 106
Show cause notice to be given before prohibition notice 107
Deciding whether to give prohibition notice 108
Content of prohibition notice 108
Cancellation of prohibition notice 109
Person must not contravene prohibition notice 110
Offence to engage person to whom prohibition notice applies 111
188A. False or misleading information about prohibition notice 111
Div 3A
Disciplinary action
Division 3A — Disciplinary action
188AA. Persons against whom disciplinary action may be taken 112
188AB. Disciplinary action 112
188AC. Limitation on section 188AB(3)(b) 113
Division 4 — Emergency removal of children
Emergency removal of children 114
Part 8
Review
Part 8 — Review
Division 1 — Internal review
Reviewable decision — internal review 115
Internal review of reviewable decisions 115
Division 2 — External review
Reviewable decision — external review 116
Application for review of decision of the Regulatory Authority 117
Division 3 — General
Relationship with Act establishing administrative body 117
Part 9
Monitoring and enforcement
Part 9 — Monitoring and enforcement
Division 1 — Authorised officers
Authorisation of authorised officers 118
Identity card 118
Division 2 — Powers of entry
Powers of entry for assessing and monitoring approved education and care service 119
National Authority representative may enter service premises in company with Regulatory Authority 120
Powers of entry for investigating approved education and care service 121
Powers of entry to business premises 122
200A. Entry to premises without search warrant 123
Entry to premises with search warrant 124
Seized items 125
Court may extend period 125
Division 3 — Other powers
Power to require name and address 126
Power to require evidence of age, name and address of person 126
Power of authorised officers to obtain information documents and evidence 127
Division 4 — Offences relating to enforcement
Offence to obstruct authorised officer 128
Offence to fail to assist authorised officer 128
Offence to destroy or damage notices or documents 129
Offence to impersonate authorised officer 129
Protection against self-incrimination 129
Warning to be given 129
Occupier’s consent to search 130
Division 5 — Powers of Regulatory Authority
Powers of Regulatory Authority to obtain information for rating purposes 130
Power of Regulatory Authority to obtain information, documents and evidence by notice 130
Power of Regulatory Authority to obtain information, documents and evidence at education and care service 131
Offence to fail to comply with notice or requirement 132
Offence to hinder or obstruct Regulatory Authority 132
Self-incrimination not an excuse 132
Part 10
Ministerial Council
Part 10 — Ministerial Council
Functions of Ministerial Council 133
Powers of Ministerial Council 134
Directions 135
How Ministerial Council exercises powers 136
Part 11
Australian Children’s Education and Care Quality Authority
Part 11 — Australian Children’s Education and Care Quality Authority
Division 1 — The National Authority
National Authority 136
Functions of National Authority 136
National Authority may advise and seek guidance of Ministerial Council 138
Powers of National Authority 138
Co‑operation with participating jurisdictions and Commonwealth 139
National audit functions 140
Division 2 — The Board of the National Authority
Subdivision 1 — Establishment and responsibilities
National Authority Board 140
Responsibilities of Board 140
Membership of Board 141
Subdivision 2 — Members
Terms of office of members 142
Remuneration 142
Vacancy in the office of member 142
Acting positions 144
Leave of absence 145
Disclosure of conflict of interest 145
Subdivision 3 — Procedure of Board
General procedure 146
Quorum 146
Chief executive officer may attend meetings of the Board 147
Presiding member 147
Voting 147
Defects in appointment of members 147
Transaction of business by alternative means 148
Delegation by Board 148
Committees 149
Subdiv 4
Chief executive officer of the National Authority
Subdivision 4 — Chief executive officer of the National Authority
Chief executive officer 149
Functions of chief executive officer 150
Terms and conditions of appointment 150
Remuneration 151
Vacancy in office 151
Resignation 151
Termination of appointment 151
Acting chief executive officer 152
Disclosure of interests 152
Subdiv 5
Staff, consultants and contractors
Subdivision 5 — Staff, consultants and contractors
Staff of National Authority 153
Staff seconded to National Authority 153
Consultants and contractors 153
Part 12
Regulatory Authority
Part 12 — Regulatory Authority
Functions of Regulatory Authority 153
Powers of Regulatory Authority 154
Delegations 155
Part 13
Information, records and privacy
Part 13 — Information, records and privacy
Division 1 — Privacy
Application of Commonwealth Privacy Act 155
Division 2 — Application of Commonwealth FOI Act
Application of Commonwealth FOI Act 156
Division 3 — Application of New South Wales State Records Act
Application of State Records Act 157
Division 4 — Registers
Register of approved providers 158
Register of education and care services 158
Register of family day care educators, co‑ordinators and assistants 159
Division 5 — Publication of information
Publication of information 160
Division 6 — Disclosure of information
Disclosure of information to other authorities 161
Disclosure of information to education and care services 163
Duty of confidentiality 164
Part 14
Miscellaneous
Part 14 — Miscellaneous
Division 1 — Finance
Australian Children’s Education and Care Quality Authority Fund 165
Payments into Authority Fund 165
Payments out of Authority Fund 166
Investment of money in Authority Fund 166
Financial management duties of National Authority 166
Division 2 — Reporting
Annual report 167
Tabling and publication of annual report 168
Other reporting 168
Division 3 — Application of Commonwealth Ombudsman Act
Application of Commonwealth Ombudsman Act 169
Division 4 — Legal proceedings
Who may bring proceedings for an offence? 169
When proceedings may be brought 170
Offences by bodies corporate 170
Application of Law to partnerships and eligible associations and other entities 170
Multiple holders of an approval 171
Double jeopardy 171
Immunity 171
Immunity — education law 172
Infringement offences 172
Evidentiary certificates 173
Division 5 — Service of notices
Service of notices 174
Service by post 175
Division 6 — False or misleading information
False or misleading information or documents 176
Division 7 — Protection from reprisal
Definitions 176
Protection from reprisal 177
Proceedings for damages for reprisal 177
Application for injunction or order 178
Injunction or order 178
Division 8 — National regulations
National regulations 178
Publication of national regulations 181
Parliamentary scrutiny of national regulations 181
Effect of disallowance of national regulation 181
Part 15
Transitional provisions
Part 15 — Transitional provisions
Division 1 — Introductory
Definitions 181
Division 2 — Education and care services
Approved provider 183
Service approvals 184
Approved family day care venues 185
Approval of declared out of scope services 185
Application for service waiver or temporary waiver 186
Existing applicants 186
Existing multiple approvals to merge 187
Display of accreditation and rating 187
Effect of non‑compliance in 3 years before scheme commencement day 187
Certified supervisors 188
Nominated supervisors 188
Notices and undertakings 189
Offences 189
Division 3 — National Authority
First meeting of National Authority 189
First chief executive officer of National Authority 189
First annual report of National Authority 190
Division 4 — General
Information retention and sharing 190
Approved learning framework 191
Savings and transitional regulations 191
Division 5 — Transitional provisions — Education and Care Services National Law (WA) Amendment Act 2018
Definitions 191
Approved family day care venues 192
Declared approved family day care venues continue to be approved 192
Service approval condition requiring sufficient family day care co‑ordinators 193
Service approval condition requiring minimum number of family day care co‑ordinators 193
330A. Repeal of show cause notice if written notice not given before commencement day 194
330B. Effect of decisions made before commencement day under repealed section 125 194
330C. Continuation of reviews of decisions relating to supervisor certificates in particular circumstances 196
Division 6 — Further transitional provisions — Education and Care Services National Law (WA) Amendment Act 2018
Definitions 197
Partial assessment and re‑rating 197
Application for highest rating level made before commencement day 197
Highest rating level awarded before, or on application made before, commencement day 198
Sch 1
Miscellaneous provision relating to interpretation
Schedule 1 — Miscellaneous provision relating to interpretation
Displacement of Schedule by contrary intention 200
Part 2 — General
Law to be construed not to exceed legislative power of Legislature 200
Every section to be a substantive enactment 200
Material that is, and is not, part of this Law 200
References to particular Acts and to enactments 201
References taken to be included in Act or Law citation etc 201
Interpretation best achieving Law’s purpose 202
Use of extrinsic material in interpretation 202
Effect of change of drafting practice and use of examples 204
Use of examples 204
Compliance with forms 204
11A. Penalty at end of provision 205
Part 3 — Terms and references
Definitions 205
Provisions relating to defined terms and gender and number 209
Meaning of “may” and “must” etc. 210
Words and expressions used in statutory instruments 210
Effect of express references to bodies corporate and individuals 210
Production of records kept in computers etc. 211
References to this jurisdiction to be implied 211
References to officers and holders of offices 211
Reference to certain provisions of Law 211
Reference to provisions of this Law or an Act is inclusive 212
Part 4
Functions and powers
Part 4 — Functions and powers
Performance of statutory functions 213
Power to make instrument or decision includes power to amend or repeal 213
Matters for which statutory instruments may make provision 213
Presumption of validity and power to make 215
Appointments may be made by name or office 215
Acting appointments 216
Powers of appointment imply certain incidental powers 217
Delegation of functions 218
Exercise of powers between enactment and commencement 220
Part 5 — Distance, time and age
Matters relating to distance, time and age 222
Part 6 — Effect of repeal, amendment or expiration
Time of Law ceasing to have effect 223
Repealed Law provisions not revived 224
Saving of operation of repealed Law provisions 224
Continuance of repealed provisions 224
Law and amending Acts to be read as one 225
Part 7 — Instruments under Law
Schedule applies to statutory instruments 225
Part 8 — Application to coastal sea
Application 225
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Education and Care Services National Law (WA) Act 2012
Western Australia
Education and Care Services National Law (WA) Act 2012
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Part 2 — Application of Education and Care Services National Law
Application of the Education and Care Services National Law 3
Exclusion of legislation of this jurisdiction 3
Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction 4
Relevant tribunal or court 4
Regulatory Authority 5
Children’s services law 5
Education law 5
Former education and care services law 5
Infringements law 6
Public sector law 6
Working with children law 6
Transitional 6
Part 3 — Other local provisions
Tabling of annual report 9
National regulations under the WA national law 9
Review of Act 9
Schedule — Education and Care Services National Law
Part 1 — Preliminary
Short title 11
Commencement 11
Objectives and guiding principles 11
How functions to be exercised 12
Definitions 12
Interpretation generally 21
Single national entity 21
Extraterritorial operation of Law 22
Law binds the State 22
Part 2 — Provider approval
Division 1 — Application for provider approval
Application for provider approval 23
Education and Care Services National Law (WA) Act 2012 | Zoe
Gives the Regulatory Authority broad compliance and enforcement powers: compliance directions and notices, emergency action, enforceable undertakings, prohibition notices, suspension/cancellation, powers of entry and seizure, powers to obtain information and criminal/civil sanctions (Sch. Pt.7 & Pt.9; see ss.176–189, 195–216).
Establishes governance, reporting and information sharing arrangements: Ministerial Council functions, National Authority Board, registers of providers and services, publication rules, privacy and FOI application, and funding arrangements for the National Authority (Sch. Pt.10–14).
Contains detailed transitional rules adapting existing WA childcare licences and certificates into the national scheme and records how WA has changed some national provisions (Sch. Pt.15).
Who is affected
Prospective and current approved providers (organisations, trusts, individuals) and their officers — they must obtain and keep provider approvals and meet fit‑and‑proper and financial/management capability tests (Sch. Pt.2).
Approved education and care services (long day care, outside school hours care, family day care, some kindergartens) and their nominated supervisors, staff and family day care educators — subject to operating requirements, staffing and qualification rules, and ratings (Sch. Pt.3–6).
Parents and families — services must keep and publish certain information (approvals, ratings) and notify parents of major changes (Sch. ss.52, 69, 172, 173).
The WA Regulatory Authority (the CEO named in the Act) and the National Authority (ACECQA) — both have statutory roles, powers and obligations (Sch. Pt.11, Pt.12).
Other government agencies — the Act allows information sharing (Sch. s.271) and references Commonwealth privacy and FOI regimes as adapted for the framework (Sch. ss.263–264).
Why it matters (stated objectives and practical effects)
The Act says its objective is to create a national quality framework to protect children’s safety, health and wellbeing, improve educational outcomes and promote continuous improvement and information flow across jurisdictions (Sch. s.3).
Mechanically, it centralises standards, inspection, rating and publication of quality information. That changes incentives for providers: ratings and published compliance actions affect reputation and parental choice; approval conditions and penalties create legal compliance costs; and the Regulatory Authority and National Authority exercise significant discretion in imposing conditions, waivers and enforcement (see Sch. ss.51, 55, 179A, 182).
Testing the stated purpose against costs, incentives and implementation features
Who pays: compliance costs fall mainly on providers (application fees, annual fees s.53, record‑keeping s.175, staffing and qualification requirements s.169). Fines for breaches are concentrated (specified penalties for individuals and bodies throughout Pt.6 & Pt.7).
Who decides: the Regulatory Authority (state level) takes most frontline decisions (approvals, enforcement, ratings) with oversight, guidance and some decision‑making left to the National Authority and Ministerial Council (Sch. Pt.10–12). This allocates significant discretionary power to administrators (e.g. power to amend approvals without application — Sch. ss.23, 55).
Incentives and trade‑offs: publishing ratings (Sch. s.160) creates an information advantage for parents and likely market rewards for higher‑rated services, but it also increases the reputational stakes for providers and may heighten compliance costs. Waivers and temporary waivers (Sch. ss.87–100) provide flexibility but create administrative complexity and inconsistency risk.
Concentrated benefits vs diffuse costs: benefits (quality assurance, consumer information) are concentrated for parents and children; costs (administrative burden, compliance expense) are concentrated on providers. There is scope for compliance‑cost heterogeneity — small family day care operators face different burdens from larger centres (see family day care‑specific rules, e.g. Sch. ss.51(2), 55A, 163).
Implementation risks: consistent application across WA and other jurisdictions relies on the National Authority’s auditing and on cooperation between Regulatory Authorities (Sch. ss.227–229). The Act gives wide entry, investigation and enforcement powers (Sch. Pt.9), which raises operational risks around proportionality and administrative review — internal and external review paths are provided (Sch. Pt.8), but they add time and cost.
Effects on private choice and market structure: registration, staffing and premises rules may raise the fixed and operating costs of entry and thus influence the size and nature of providers (potentially favouring larger, better resourced operators). Rules restricting family day care venue locations to within the jurisdiction (Sch. s.51(2A)) and strict transfer/consent regimes (Sch. ss.58–69) affect mobility and transactions in the sector.
Key WA deviations to note
The WA Act modifies or omits several national provisions and inserts WA‑only measures (for example, a WA‑only disciplinary scheme in Part 7 Division 3A — ss.188AA–188AC — and other WA inserts such as s.165A on children leaving premises). These differences matter for providers operating in WA.
Practical takeaways
If you run, plan to run, manage, or invest in an education and care service in WA you must engage with the approvals, compliance, staffing and ratings machinery — obtain approvals, meet notification duties, keep records and prepare for inspections and ratings (see Sch. Pt.2–9).
Providers bear most compliance costs; the Regulatory Authority has broad discretion to impose conditions, require changes or take enforcement action; there are internal and external review options but they are time‑limited (Sch. Pt.8).